ZBA variance approval includes Latin lingo

The Zoning Board of Appeals last week approved a variance to Craig and Steve Stimson giving relief from side setback requirements to create a separate residential lot from existing property.

ZBA members granted the variance citing a de minimis rule. The required criteria to grant variances are soil conditions, topography or shape of a lot.

De minimus is a Latin expression meaning "about minimal things."

"I've been a stickler for variances in the past," said ZBA chairman John Puricelli, "but this is a very unusual situation."

In the late 1980s approximately 100 acres of the Stimson farm, with the exception of approximately four acres consisting of the house, barn and outbuildings, became part of the Agricultural Preservation Act. The APR acreage surrounds the area on which the buildings stand.

The side setback on the westerly portion of the lot is only 3.6 feet from the APR land. Side setback requirements are 30 feet under current zoning bylaws making Stimson's lot short by about 27 feet. Because the surrounding property is in APR, it would take an act of the legislature to change the boundary line on the APR parcel to meet zoning requirements.

In 2007, property owners Charles and Joan Stimson sold the property to sons Craig and Steve Stimson.

In 2008, Craig and Steve decided that since Craig would be living on the property it would make sense for him to own the farmhouse, barn and outbuildings and non-APR acres in their entirety. The APR property would continue to be jointly owned by the two brothers. When a survey of the property was done for mortgage purposes it was discovered that the property didn't conform to Princeton's bylaws, triggering the request for a variance.

According to Stimson the house was built in 1744 and has been in the Stimson family for ten generations.

Debbie Cary, representing Mass Audubon, an abutter to the Stimson property, spoke in favor of the variance.

"I support anything that can be done to encourage an APR holder to be productive," she said. "At times we need to show flexibility. At the time the land went into APR it was a wonderful contribution to the town. This will also allow the family to continue as resident managers of the land."

"We have to have a reason to justify granting a variance," said ZBA member Walter Kuklinski. "It doesn't meet any of the three criteria."

ZBA members agreed there would be no consequence to any neighbors since the Stimsons own 100 acres surrounding the farmhouse.

"It would be a hardship if they had to go to the legislature," said Cary. "It would be a real uphill battle. It would be great if we could work it out on the local level."

"I don't see a groundswell of opposition from the neighbors about this," said ZBA member Jon Fudeman, though he also expressed concern that the variance didn't meet the criteria required by zoning.

"Given all the variables it's a departure from the usual requirements," said Puricelli. "It's a de minimus departure. We're overlooking the strict conditions we normally have to meet. But the benefit of the APR land is undeniable to the community."